NEW DELHI: In the digital age, people are faced with several fascinating aspects of Artificial Intelligence and are confronted with fundamental questions about the ethical treatment of such technologies, Chief Justice of India DY Chandrachud said.
Addressing the plenary session of the 36th ‘LAWASIA’ conference virtually on Saturday, the CJI said “there is a complex interplay between AI and personhood, where we find ourselves navigating uncharted territories that demand both philosophical reflection and practical considerations.”
He said identity and its recognition by the State plays a crucial part in what resources people get and their ability to express their grievances and demand their rights.
The CJI cited that a human-robot (Sophia) that was granted citizenship in Saudi Arabia. “We must reflect on whether all humans who live, breathe and walk are entitled to personhood and citizenship based on their identity,” he said.
Talking about the caste system, he said that caste, far from being a vestige of the past, continues to exert significant influence on contemporary socio-economic and political landscapes. Its resilience is evident in the social stratification, economic disparities and access to opportunities by different caste groups. Caste dynamics in the region are not exclusively shaped by religious affiliations; the intricate caste system is not merely a response to historical inequality but functions as an important tool for disrupting entrenched societal structures, he said.
Citing reports including the one by Justice Ranganath Misra Commission, he said it draws attention to the widespread abuse faced by marginalised social segregation, untouchability, underrepresentation and limited access to education.
These findings underscore the pressing need for affirmative action to address the deeply rooted discrimination within this complex tapestry. Affirmative action emerges as a transformative force challenging the established caste dynamics. It goes beyond the misconception of caste as a solely cultural phenomenon and serves as a catalyst for change, he said.
The CJI said traditionally, liberty has been understood as the absence of state interference in a person’s right to make choices. However, contemporary scholars have come to the conclusion that the role of the State in perpetuating social prejudices and hierarchies cannot be ignored, Chief Justice Chandrachud said.
“I remember one of my predecessors Chief Justice Sharad Bobde recognised the necessity to consider the social exclusion of Christians and Muslims from the Scheduled Caste, reinforcing the urgency of addressing these issues; the argument unfolds cohesively, illustrating how affirmative action works as a beacon of hope to dismantle an age-old caste-based inequalities and paving the way for a more equitable future.” Noting that liberty is the ability to make choices for oneself and change the course of life, the CJI said identity intersects with the person’s life choices.
“As lawyers, we are constantly confronted with this intersection and the role of the State to limit or expand the life opportunities of the people. While the relationship between the state and liberty has been understood widely, the task of establishing and explaining the relationship between identity and liberty is incomplete,” he said.
Citing English philosopher John Stuart Mill’s On Liberty published in 1859, he said the author discussed the historical struggle between liberty and authority describing the tyranny of the government which in his view needs to be controlled by the liberty of citizens.
The idea of liberty, the Chief Justice said, can be summarised in the phrase, “Your right to swing your fist ends where my nose begins.”